1999-08-23 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
AUGUST 23, 1999
7:30 P.M.
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES: June 28th, July 26 Reg. July 7th Workshop
4. REPORTS OF OFFICERS: Sup/Compt. Town Justices Rec. of Ta
Bldg. Insp. (June/July) Dog Control Officer (May/June/Ju
Rec.Comm. Minutes Financial Statements from Secore,
O'Sullivan for year ended 12/31/1997
5. PETITIONS & COMMUNICATIONS
a. Tanveer Hussain re: Status of Sewer Pump Station
b. Brenda Moulhhem, Sup.,NYSDEC re: M/WBE Castle Point Landfill
Closure
c. Notification of Intent for application of "on -Premises" Liquor
License for F & S. Ristorante/Calabria-Myers Corners Rd.
d. Residents of Johnson Place re: Street Sign
e. Ed Wisniewski Corr: addressed to Assemblyman Miller re.Kent.Rd.
f. Mr. & Mrs. R. Andrews re: dangerous traffic situation in Wappingel
Park w/ corr. from Graham Foster
g. Ken Brown, Browns Driving School re: Defensive Driving Course
h. Request for return of (unused) Variance application fee by Mr.
Stypulkoski
i. application of PJK Italina Ice for Peddling & Hawking License
j. Resignation of Linda Nguyen as Secretary of Planning & Zng Boards
k. Patrick DeHaven, Dutchess Co. Classic- Road Runners- Robinson Lane
1. T. Murphy,T/Pk Sup., re: cost of Poughkeepsie Water
M. Tax Reviews served on Town Clerk - 28 in number - Refer to Tax
Attorney,Emanuel Saris, Esq. (Copies sent to T/Bd of all reviews)
n. McGrath/Basciani & Assocs. Appraisal report for Greystone.
o. Direct Assessor to prepare Rolls for Benefit Assessments for all
Water and Sewer Districts and Improvement Areas
p. R. Holt, Ch. Rec. Comm. Corr. & requests for transfers:
(1)Schlathaus Pk. Grant Imp. (2) Renovations to Schlathaus
(3)Summer program Fees (4) Rymer Property Road (5) Award Bids
for Rymer Road (6) Transfer for Spraying Ticks (7)Blacktopping
Spook Hill Improvements - Bids (8) Grant for handicap Rest rooms
for Martz Field(CD Funds 2000) & set Public Hearing (9)Approve
P.O.s for Canopy & Backstop field X66 Robinson Lane (10)Repair &
replace fencing on Backstop & wings -Martz Field
q. G. Terwilliger, Compt. re: (1) Phone Service for Town (2)
Justice Court Copier
r. Action Plan for Wappinger Greenway Trail
s. J. Paggi, Eng to Twn. Repprts: (1) 7/1/99 (Peter) Kent Rd. Side-
walks (2) 8/9/99 Domber Well/Rockingham Water (3) 8/9/99 Benefit
Unit Calculations-WSIA#1 (4) 8/10/99 Kent Rd.STOP SIGNS (5)
8/16/99Atlas Wells -'99
(6) 8/16/99 Proposed Water Connection -Joint City/Town Distributioi
systems
t. Zoning Board of Appeals "Referral for Comments" on Alpine Co.
u. VACANCIES: Zoning Administrator; Planning Board Member;
Conservation Advisor Council members; Recreation Comm. member
v. County TAX Auction -Lauffer Property up for Sale
w. M. Liebermann & P. Foody request permission to attend Propane Gas
Training School 9/8/99
X. John E. MacDonald, Jr. Corr; re return of back overpayment for
Sewer Improvement Area
y. Ascertain responsibility for remaining portion of Fleetwood Dr.
for paving in front of last vacant lot.
6. COMMITTEE REPORTS
7. BONDS & LETTERS OF CREDIT
Acting Zoning Adm. Report
AGENDA - TOWN BOAR
TOWN OF WAPPINGER
AUGUST 23, 1999
Page 2.
8. RESOLUTIONS
a. Introduce Local Law for Adoption of Codification of Town Laws and
Set ,Public Hearing
. b. Comptroller requests for Transfers
c. County Resolution for Snow and Ice Control work for 1999-2000 Seasor
d. Media One - Transfer application to A T & T Resolution and set
Public Hearing
/e. (Peter Paggi) Revision of Local Law for Local Amendment to FLOOD PLA
regulations, and set Public Hearing
f. Appoint to Permanent CIVIL SERVICE positions of DATA ENTRY OPERATOR
Nancy Laffin and Claire Minunni
.g..- Local Law for "NO PARKING" at Myers Corners and De Garmo Hills Rd.
9. UNFINISHED BUSINESS
10. NEW BUSINESS
11. ADJOURNMENT
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The Regular Town Board Meeting of the Town of Wappinger was held on
August 23, 1999 at the town hall, 20 Middlebush Road, Wappingers Falls,
New York. Supervisor Smith opened the meeting at 7:30 p.m.
Present:
Constance Smith, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Joseph Ruggiero, Councilman
Joseph Paoloni, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Jay Paggi, Engineer to the Town
Al Roberts Attorney to the Town
Graham Foster, Highway Superintendent
The Supervisor asked all to join in the Pledge of Allegiance to the Flag.
MINUTES
The Minutes of the Regular Meetings of June 28, 1999, July 26, 1999, and
Workshop Meeting of July 7, 1999, having previously been forwarded to the
Board Members, was now placed before them for their consideration.
COUNCILMAN RUGGIERO moved that the above stated minutes as
presented by the Town Clerk be and they are hereby approved.
Seconded by Mr. Valdati
Motion Unanimously Carried
.. REPORTS OF OFFICERS
Reports for the month of July were received from the Supervisor/Comptroller,
Receiver of Taxes, Building Inspector for June/July, Dog Control Officer for
May/June/July, Recreation Committee Minutes, and Financial Statements
from Sedore, O'Sullivan, Letterio and Barschi, for the year ended 12/31/97.
COUNCILMAN VALDATI moved to accept the reports and place them on
file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
PETITIONS & COMMUNICATIONS
Correspondence from Tanveer Hussain in regard to the status of the sewer
pump station that is located on his property. It was his understanding after
some discussion in May of this year, that the town has no plans to remove it
in the near future. However, Mr. Hussain is requesting that the area
surrounding the pump station be improved by removing the old shrubs and
replacing them with new ones, to block the tank until such time as it is
removed.
COUNCILMAN RUGGIERO, moved to refer this letter to Mike Tremper of
CAMO to follow up.
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Seconded by Mr. Valdati
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Motion Unanimously Carried
Correspondence from Brenda L. Moulhem, Supervisor of M/WBE Program,
informing the Board that her office has reviewed the letter dated November
5, 1998 regarding the final M/WBE status and closeout of the Castlepoint
Landfill Closure and have accepted the submitted documentation as
satisfying the M/WBE requirements.
COUNCILMAN VALDATI moved to accept the correspondence and place it
on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Notification of intent for application of "On Premises" Liquor License was
received from Frank Tosto, F & S Ristorante, d/b/a Calabria Restaurant,
Myers Corners Road.
COUNCILMAN VALDATI moved to accept the application from Mr. Tosto,
and place it on file, without comment.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Correspondence from residents of Johnson Place requesting the Highway
Department to replace the street sign at the corner of Johnson Place and
Cedar Hill Road. The sign is incorrectly labeled "Johnston Lane". They
have checked the tax records of all occupants to verify that the address
should indeed be, "Johnson Place". Discussion followed.
COUNCILMAN VALDATI moved to authorize Graham Foster to erect the
correct sign.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Next is correspondence from Ed & Polly Wisniewski, residents of Kent Road,
addressed to Assemblyman Joel Miller in reference to his recommendation
that the STOP sign posted on Kent and Robin on the uphill side of the road
be removed. Mr. Wisniewski feels that making Kent Road one way from All
Angels to Myers Corners would be a better solution.
COUNCILMAN RUGGIERO moved to accept the correspondence and place it
on file.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Correspondence from Mr. & Mrs. Ronald Andrews of 3 Iroquois Drive,
informing the board of the potentially dangerous traffic situation in
Wappinger Park that she wishes to have addressed. They live at the top of a
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short incline of about thirty degrees inclination. There is no posted speed
limit, and there is no stop sign at the top of the hill where it intersects with
the only outlet, Cayuga Drive. Vehicles from the back of the development
consistently travel up and down Iroquois Drive at all hours at a rate of speed
far in excess of what is either prudent or safe for the make-up area. In
response to their correspondence, Graham Foster, Highway Superintendent
informed Mr. & Mrs. Andrew that their point is well taken and today's traffic
and the speed of travel does indicate that one would be appropriate. He
would be presenting a recommendation to the Town Board that our local law
be amended to include this sign. Discussion followed.
COUNCILMAN VALDATI moved to authorize Attorney to the town, Al
Roberts prepare the Local Law for the STOP sign.
Seconded by Mr. Bettina
Motion Unanimously Carried
Communication from Ken Brown of Brown's Auto Driving School concerning
the Defensive Driving Course he is offering for the employees of the Town.
Upon completion of the course, they will receive a 10% reduction on the
liability and auto collision on their car insurance and reduction of 4 points off
their license if the have incurred these points prior to course completion. The
cost of the course will be $32 per person.
COUNCILMAN VALDATI moved to approve the Defensive Course for any
employee using a town vehicle.
Seconded by Mr. Ruggiero.
Motion Unanimously Carried
Correspondence from Mark Liebermann, acting Zoning Administrator
regarding the return of a variance application fee for Charles Stypulkoski, 30
Liberty Street, Chelsea. He is withdrawing his application for an area
variance. He will be removing his pool, and is requesting a refund of $35.
Mark Liebermann has informed the board that all the proper documentation
is in order, and recommends the return of the fee.
COUNCILMAN BETTINA moved to authorize the return of the $35
application fee to Mr. Stypulkoski, upon the recommendation of Mr.
Liebermann.
Seconded by Mr. Valdati
Motion Unanimously Carried
An application for a Hawking and Peddling License was received from
Kenneth York (P.J.K. Italian Ices).
COUNCILMAN VALDATI moved to grant the Hawking and Peddling
License to Mr. York.
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Seconded by Mr. Paoloni
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Motion Unanimously Carried
A letter of resignation has been received from Linda Nguyen, as Secretary of
the Planning and Zoning Board of Appeals Ms. Nguyen will be leaving
August 27, 1999. Supervisor Smith announced that Christine DiPaola has
been hired to fill the position. Linda is training her.
COUNCILMAN PAOLONI moved to accept the resignation of Ms. Nguyen
and place it on file.
Seconded by Mr. Bettina
Motion Unanimously Carried
Correspondence from Patrick DeHaven, Director of the Dutchess County
Classic requesting a parade permit on Robinson Lane so they may close the
road on Sunday September 18th from 8:30 a.m. until 10:00 a.m. in order to
cover the start of the marathon and half marathon, as well as the running of
the 5K race. They would like to limit Robinson Lane to one way traffic from
10:00 a.m. until 11:30 a.m. which covers most of the marathon. The
Recreation Commission has acted on and approved the use of Robinson Lane
Recreation area for the start and finish of the race on September 18th and
19th, upon receipt of the necessary insurance forms and fees, and will
forward the certificates covering the Town of Wappinger to Peggy Roe (as per
her request). Discussion followed.
COUNCILMAN RUGGIERO moved to refer request to Graham Foster,
Highway Superintendent for approval of closing.
Seconded by Mr. Valdati
Motion Unanimously Carried
COUNCILMAN BETTINA moved to refer any future requests for street
closings, directly to Highway Superintendent, Graham Foster.
Seconded by Mr. Valdati
Motion Unanimously Carried
Correspondence from Thomas Murphy, Supervisor of the Town of
Poughkeepsie with information regarding the Joint Water Board and cost of
Poughkeepsie water to the Town of Wappinger.
COUNCILMAN RUGGIERO moved to table at this time.
Seconded by Mr. Paoloni
Motion Unanimously Carried
The following Tax Certioraris were served on the Town of Wappinger: (28)
Imperial Gardens, LLC; AR Fuels (Village Crest Apartments); TGS
Associates; Herbert Redl; Advanced Advisory Corp.; School House Realty
Group, LLC; Wappingers Falls Owners Corp.; Fleet Bank Lessee; Wappinger
El
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Acquisition LP; MRO Northeast Inc.; Imperial Improvement, LLC; First
Union National Bank; Dutchess Bleachery, LLC; Bank of New York;
Theodore H. Baker & Charles F. Gilbride; Allan V. Rose; Hoeventure, LLC;
Kermit Enterprises; Waldbaum's Inc. #652 Tenant; Cedas Hill, LLC; Nazario
Mei & Catrina Mei; Kenneth Levine & Richard Rutta; Plaza 9 Associates;
Joseph Townsend & Rachel Townsend; Rawl's Leisure Living, Inc.; Roberts
Running Creek Mobile Home Park, Inc.; Frederick A. Tibbetts (late).
,. COUNCILMAN VALDATI moved to referred the above Tax Certioraris to
Emanuel Saris, Attorney to the Town appointed to handle Tax Reviews, to
defend on behalf of the Town of Wappinger.
Seconded by Mr. Bettina
Motion Unanimously Carried
Next is the appraisal report from McGrath, Basciani & Associates, Inc., for
the Greystone House.
COUNCILMAN RUGGIERO moved to accept the appraisal report for
Greystone House, and place it on file.
Seconded by Mr. Bettina
Motion Unanimously Carried
Next for the Boards consideration is to direct the Assessor, Linda Tasadfoy to
prepare the Benefit Assessment Rolls for all the Water and Sewer
Improvement Areas and Districts.
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero.
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
CENTRAL WAPPINGER WATER IMPROVEMENT AREA
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the CENTRAL WAPPINGER WATER IMPROVEMENT
AREA in accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit
unit. Where acreage over two acres - .2 benefit unit for each acre or
part thereof over two acres.
b. Vacant residential land less than two acres - .8 benefit unit.
.. c. Residential acreage in excess of two acres - .8 benefit unit for the
first two acres, .2 benefit unit for each acre in excess of two acres.
d. Multi -family residential units - .75 units per residential dwelling
unit.
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e. Industrial, commercial, institutional and exempt properties shall be
assessed by computation whereby the assessed valuation shall be computed
in relation to the valuation of all property within the benefited area and a
benefit unit assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero.
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
CRANBERRY WATER IMPROVEMENT
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the CRANBERRY WATER IMPROVEMENT AREA in
accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit
unit. Where acreage over two acres - .2 benefit unit for each acre or
part thereof over two acres.
b. Vacant residential land less than two acres - .8 benefit unit.
c. Residential acreage in excess of two acres - .8 benefit unit for the
first two acres, .2 benefit unit for each acre in excess of two acres.
d. Multi -family residential units - .75 units per residential dwelling
unit.
e. Industrial, commercial, institutional and exempt properties shall be
assessed by computation whereby the assessed valuation shall be computed
in relation to the valuation of all property within the benefited area and a
benefit unit assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero.
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
FLEETWOOD WATER DISTRICT
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the FLEETWOOD WATER DISTRICT in accordance with
the following standards:
1. All property within the benefit area shall be assessed.
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2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit
unit. Where acreage over two acres - .2 benefit unit for each acre or
part thereof over two acres.
b. Vacant residential land less than two acres - .8 benefit unit.
c. Residential acreage in excess of two acres - .8 benefit unit for the
first two acres, .2 benefit unit for each acre in excess of two acres.
d. Multi -family residential units - .75 units per residential dwelling
unit.
e. Industrial, commercial, institutional and exempt properties shall be
assessed by computation whereby the assessed valuation shall be computed
in relation to the valuation of all property within the benefited area and a
benefit unit assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero.
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
MYERS CORNERS II WATER DISTRICT
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the MYERS CORNERS II WATER DISTRICT in
accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit unit.
Where acreage over two acres - .2 benefit unit for each acre or part thereof
over two acres.
b. Vacant residential land less than two acres - .8 benefit unit.
Residential acreage in excess of two acres - .8 benefit unit for the first two
acres, .2 benefit unit for each acre in excess of two acres.
d. Multi -family residential units - .75 units per residential dwelling unit.
e. Industrial, commercial, institutional and exempt properties shall be
assessed by computation whereby the assessed valuation shall be computed
in relation to the valuation of all property within the benefited area and a
benefit unit assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Motion Unanimously Carried
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The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
NORTH WAPPINGER WATER DISTRICT
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the NORTH WAPPINGER WATER DISTRICT in
accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit unit. Where
acreage over two acres - .2 benefit unit for each acre or part thereof over two
acres.
b. Vacant residential land less than two acres - .8 benefit unit.
Residential acreage in excess of two acres - .8 benefit unit for the
first two acres, .2 benefit unit for each acre in excess of two acres.
d. Multi -family residential units - .75 units per residential dwelling unit.
e. Industrial, commercial, institutional and exempt properties shall be
assessed by computation whereby the assessed valuation shall be computed
in relation to the valuation of all property within the benefited area and a
benefit unit assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero.
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
OAKWOOD KNOLLS WATER DISTRICT
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the OAKWOOD KNOLLS WATER DISTRICT in
accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit unit.
Where acreage over two acres - .2 benefit unit for each acre or part thereof
over two acres.
b. Vacant residential land less than two acres - .8 benefit unit.
c. Residential acreage in excess of two acres - .8 benefit unit for the first two
acres, .2 benefit unit for each acre in excess of two acres.
d. Multi -family residential units - .75 units per residential dwelling unit.
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e. Industrial, commercial, institutional and exempt properties shall be
assessed by computation whereby the assessed valuation shall be computed
in relation to the valuation of all property within the benefited area and a
benefit unit assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero.
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
TALL TREES WATER IMPROVEMENT
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the TALL TREES WATER IMPROVEMENT in
accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit unit.
Where acreage over two acres - .2 benefit unit for each acre or part thereof
over two acres.
b. Vacant residential land less than two acres - .8 benefit unit.
c. Residential acreage in excess of two acres - .8 benefit unit for the first two
acres, .2 benefit unit for each acre in excess of two acres.
d. Multi -family residential units - .75 units per residential dwelling unit.
e. Industrial, commercial, institutional and exempt properties shall be
assessed by computation whereby the assessed valuation shall be computed
in relation to the valuation of all property within the benefited area and a
benefit unit assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero.
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
WAPPINGER CRANBERRY WATER
IMPROVEMENT AREA
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the WAPPINGER CRANBERRY WATER
IMPROVEMENT AREA in accordance with the following standards:
1. All property within the benefit area shall be assessed.
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2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit unit.
Where acreage over two acres - .2 benefit unit for each acre or part thereof
over two acres.
b. Vacant residential land less than two acres - .8 benefit unit.
C. Residential acreage in excess of two acres - .8 benefit unit for the first
two acres, .2 benefit unit for each acre in excess of two acres.
d. Multi -family residential units - .75 units per residential dwelling unit.
e. Industrial, commercial, institutional and exempt properties shall be
assessed by computation whereby the assessed valuation shall be computed
in relation to the valuation of all property within the benefited area and a
benefit unit assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero.
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
WAPPINGER PARK WATER DISTRICT
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the WAPPINGER PARK WATER DISTRICT in
accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit unit.
Where acreage over two acres - .2 benefit unit for each acre or part thereof
over two acres.
b. Vacant residential land less than two acres - .8 benefit unit.
C. Residential acreage in excess of two acres - .8 benefit unit for the first
two acres, .2 benefit unit for each acre in excess of two acres.
d. Multi -family residential units - .75 units per residential dwelling unit.
e. Industrial, commercial, institutional and exempt properties shall be
assessed by computation whereby the assessed valuation shall be computed
in relation to the valuation of all property within the benefited area and a
benefit unit assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Motion Unanimously Carried
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The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero.
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
FLEETWOOD SEWER DISTRICT
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the FLEETWOOD SEWER DISTRICT in accordance with
the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit unit.
Where acreage over two acres - .2 benefit unit for each acre or part thereof
over two acres.
b. Vacant residential land less than two acres - .8 benefit unit.
C. Residential acreage in excess of two acres - .8 benefit unit for the first
two acres, .2 benefit unit for each acre in excess of two acres.
d. Multi -family residential units - .75 units per residential dwelling unit.
e. Industrial, commercial, institutional and exempt properties shall be
assessed by computation whereby the assessed valuation shall be computed
in relation to the valuation of all property within the benefited area and a
benefit unit assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
• Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero.
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero.
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
CENTRAL WAPPINGER SEWER DISTRICT
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the CENTRAL WAPPINGER SEWER DISTRICT in
accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit unit.
Where acreage over two acres - .2 benefit unit for each acre or part thereof
over two acres.
b. Vacant residential land less than two acres - .8 benefit unit.
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C. Residential acreage in excess of two acres - .8 benefit unit for the first
two acres, .2 benefit unit for each acre in excess of two acres.
d. Multi -family residential units - .75 units per residential dwelling unit.
e. Industrial, commercial, institutional and exempt properties shall be
assessed by computation whereby the assessed valuation shall be computed
in relation to the valuation of all property within the benefited area and a
benefit unit assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit. ad
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero.
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
MID -POINT SEWER IMPROVEMENT AREA
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the MID -POINT SEWER IMPROVEMENT AREA in
accordance with the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit unit.
Where acreage over two acres - .2 benefit unit for each acre or part thereof
over two acres.
b. Vacant residential land less than two acres - .8 benefit unit.
C. Residential acreage in excess of two acres - .8 benefit unit for the first
two acres, .2 benefit unit for each acre in excess of two acres.
d. Multi -family residential units - .75 units per residential dwelling unit.
e. Industrial, commercial, institutional and exempt properties shall be
assessed by computation whereby the assessed valuation shall be computed
in relation to the valuation of all property within the benefited area and a
benefit unit assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
ROCKINGHAM FARMS SEWER DISTRICT
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the ROCKINGHAM FARMS SEWER DISTRICT in
accordance with the following standards:
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08/23/99.RGM
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit unit.
Where acreage over two acres - .2 benefit unit for each acre or part thereof
over two acres.
b. Vacant residential land less than two acres - .8 benefit unit.
C. Residential acreage in excess of two acres - .8 benefit unit for the first
two acres, .2 benefit unit for each acre in excess of two acres.
d. Multi -family residential units - .75 units per residential dwelling unit.
e. Industrial, commercial, institutional and exempt properties shall be
assessed by computation whereby the assessed valuation shall be computed
in relation to the valuation of all property within the benefited area and a
benefit unit assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero.
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
WILDWOOD SEWER DISTRICT
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the WILDWOOD SEWER DISTRICT in accordance with
the following standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit unit.
Where acreage over two acres - .2 benefit unit for each acre or part thereof
over two acres.
b. Vacant residential land less than two acres - .8 benefit unit.
C. Residential acreage in excess of two acres - .8 benefit unit for the first
two acres, .2 benefit unit for each acre in excess of two acres.
d. Multi -family residential units - .75 units per residential dwelling unit.
e. Industrial, commercial, institutional and exempt properties shall be
assessed by computation whereby the assessed valuation shall be computed
in relation to the valuation of all property within the benefited area and a
benefit unit assigned in accordance with the ratio which the subject property
bears to the total assessed valuation within the benefited area.
f. All condominiums shall be assessed at one benefit unit.
Motion Unanimously Carried
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08/23/99.RGM
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
WAPPINGER SEWER TRANSMISSION
TREATMENT IMPROVEMENT AREA #1
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the WAPPINGER SEWER TRANSMISSION
TREATMENT IMPROVEMENT ARE #1 in accordance with the following
standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit unit.
Where acreage over two acres - .2 benefit unit for each acre or part thereof
over two acres.
b. Vacant residential land less than two acres - .8 benefit unit. Additional
vacant residential acreage in excess of two acres - .2 benefit unit per
additional acre or part thereof.
C. Residential acreage in excess of two acres - .8 benefit unit for the first
two acres, .2 benefit unit for each acre in excess of two acres.
d. Two or three family residential unit on parcel of less than two acres -
benefit unit plus .8 benefit unit for each additional dwelling unit.
e. Four or more multiple family units - .8 benefit unit per dwelling unit.
f. Industrial, commercial, and institutional properties will pay a pro rata
share of the total cost of the project based on the ratio that industrial,
institutional and commercial assessed valuation within the benefit area.
Industrial, institutional and commercial benefit units will them be ascribed
pro rata benefit units based on the total number of benefit units ascribed to
industrial, institutional and commercial benefit properties.
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero.
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
WAPPINGER SEWER TRANSMISSION
TREATMENT IMPROVEMENT AREA #2
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the WAPPINGER SEWER TRANSMISSION
TREATMENT IMPROVEMENT ARE #2 in accordance with the following
standards:
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit unit.
Where acreage over two acres - .2 benefit unit for each acre or part thereof
over two acres.
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08/23/99.RGM
b. Vacant residential land less than two acres - .8 benefit unit. Additional
vacant residential acreage in excess of two acres - .2 benefit unit per
additional acre or part thereof.
C. Residential acreage in excess of two acres - .8 benefit unit for the first
two acres, .2 benefit unit for each acre in excess of two acres.
d. Two or three family residential unit on parcel of less than two acres - 1
benefit unit plus .8 benefit unit for each additional dwelling unit.
e. Four or more multiple family units - .8 benefit unit per dwelling unit.
f. Industrial, commercial, and institutional properties will pay a pro rata
share of the total cost of the project based on the ratio that industrial,
institutional and commercial assessed valuation within the benefit area.
Industrial, institutional and commercial benefit units will them be ascribed
pro rata benefit units based on the total number of benefit units ascribed to
industrial, institutional and commercial benefit properties.
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption, and seconded by Mr. Ruggiero.
RESOLUTION DIRECTING ASSESSOR
TO COMPLETE ASSESSMENT ROLL FOR
WATCH HILL SEWER DISTRICT
(Controlled by Town of Fishkill)
The Town Assessor is hereby authorized and directed to prepare an
assessment roll for the WATCH HILL SEWER DISTRICT in accordance
with the following standards:
fir..
1. All property within the benefit area shall be assessed.
2. The formula for such assessment shall be as follows:
a. A single family house on a lot of less than two acres - one benefit unit.
Where acreage over two acres - .2 benefit unit for each acre or part thereof
over two acres.
b. Vacant residential land less than two acres - .8 benefit unit. Additional
vacant residential acreage in excess of two acres - .2 benefit unit per
additional acre or part thereof.
C. Residential acreage in excess of two acres - .8 benefit unit for the first
two acres, .2 benefit unit for each acre in excess of two acres.
d. Two or three family residential unit on parcel of less than two acres - 1
benefit unit plus .8 benefit unit for each additional dwelling unit.
e. Four or more multiple family units - .8 benefit unit per dwelling unit.
f. Industrial, commercial, and institutional properties will pay a pro rata
..• share of the total cost of the project based on the ratio that industrial,
institutional and commercial assessed valuation within the benefit area.
Industrial, institutional and commercial benefit units will them be ascribed
pro rata benefit units based on the total number of benefit units ascribed to
industrial, institutional and commercial benefit properties.
Motion Unanimously Carried
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08/23/99.RGM
Next is correspondence and several requests from Ralph Holt, Chairman of
the Recreation Committee.
In 1998 Recreation received a C.D. Grant of $21,750 to make the bathroom
and entrance way into the Schlathaus building handicap accessible. It
required a professional plan be made to be able to go out to bid to get this
work completed. This plan was constructed by Donald Swartz at a cost of
$4,200. ($21,750-$4,200 = $17,550). We then went out to bid and the low
bidder was Petra Construction Corp., from Poughkeepsie. Their bid for the
entire job and meeting all the specifications required by the C.D. Grant was
$24,300.
($24,300-$17,550 = $6,750). Refer to our letter dated May 14, 1999,
requesting we be allowed to use $6,750 form the Parkland Trust fund and go
ahead and complete the job. The present C.D.'s available time constrains are
to have the job done by November 1, 1999. If we are unable to award this bid
shortly we should apply for an extension grant. We would hope that action
would not be required and we would be allowed to award the bid and proceed
with the work.
SUPERVISOR SMITH and the Town Board agreed, that the matter of
approval was taken care of at a prior meeting.
NO ACTION TAKEN
As a result of the increased fees for registration to our Town Summer
program, it was stated at the Town Board meeting dated 4/12/99, that the
additional resource derived from this change should be put back into the
summer program. We have two requests that would definitely enhance our
program, and provide safety. 1) Mats for the summer and winter programs,
and 2) First Aid Kits.
COUNCILMAN VALDATI moved to table this request to a future Workshop.
Seconded by Mr. Paoloni
Motion Unanimously Carried
As you are aware, we have the bid to construct the entrance to the property
known as Rymer located off Old Hopewell Road. With the completion of this
entrance, we will need a road from the entrance to the position in the park
that we propose to build our activity center. We request your approval to
hire the Engineer to the Town, to provide us with a plan for this road and to
also provide us with the estimated cost for its construction. His fees could
come from the balance of the funds which were approved from Parkland at
the April 1997 Town Board meeting for road construction.
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COUNCILMAN RUGGIERO moved to authorize Engineer to the Town, Jay
Paggi to prepare a design for the road, and estimate of costs for construction.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Bids for the commercial access to the Rymer Property were opened and read
at 11:00 a.m. on July 16, 1999. Two bids were received, the lowest being S -J
Lore Contractors for $15,350. Mr. Holt recommends the bid be awarded to
S -J Lore Contractors. We will therefore need to request the following budget
adjustment for this project. Transfer the $15,350 from the Parkland Trust
fund to Budget Revenue Account A-2089 and to Budget Expenditure Account
A-7110.2.
COUNCILMAN VALDATI moved to award the bid for access to the Rymer
Property to S -J Lore Contractors for $15,350, upon the recommendation of
Mr. Holt, and transfer the $15,350 from the Parkland Trust fund to Budget
Revenue Account A-2089 and to Budget Expenditure Account A-7110-2.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
On August 9, 1999, Town Board approval was given to spend $5,600 to spray
4 fields (Airport Park - $600, Schlathaus Park - $300, Rockingham Park -
$1,000, and Robinson Lane - $3,700), once in August and again in October for
Tick control, and an additional $1,000 was approved for Castle Point. In
order to do the August spraying, we will need a budget amendment of $3,800
to come from the A -Fund Balance to Recreation Account A-7110.4. The
August spraying is scheduled for the week of August 23rd. We will also need
a budget amendment in the amount of $2,800 from A -Fund Balance to
Recreation Account A-7110.4 for the October spraying which will include all
but Castle Point.
COUNCILMAN RUGGIERO moved to authorize the transfer of $3,800 to
come from the A -Fund Balance to Recreation Account A-7110.4 for the
August spraying, and authorize the transfer of $2,800 from A -Fund Balance
to Recreation Account A-7110.4 for the October spraying which will include
all but Castle Point.
Seconded by Mr. Valdati
Motion Unanimously Carried
At the June 28th, 1999 Town Board meeting approval was received to spend
$15,000 from the Fund Balance to repave and restripe basketball and
handball courts at Spook Hill and the basketball court at South Fowlerhouse
Road. Recreation requested quotes from several vendors, and only received
two, the lowest being DeLeno Bros. with a bid of $6,400. Mr. Holt requests
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08/23/99.RGM
permission to obtain a P.O. payable to DeLeno Bros. for $6,400 for the above
work and make the following budged amendment: Transfer $6,400 from A -
Fund Balance to Recreation Account A-7110.4
COUNCILMAN RUGGIERO moved to award the bid to DeLeno Bros.,
approve a P.O. payable to DeLeno Bros. for $6,400 for the above work, and
the funds to be transferred from A -Fund Balance to Recreation Account A-
7110.4 as requested by Mr. Holt.
Seconded by Mr. Valdati
Motion Unanimously Carried
Also approved at the Town Board Meeting of June 28, 1999 was permission to
pave the parking area of Spook Hill. Recreation requested quotes from
several vendors, and only two were received, the lowest being DeLeno Bros.
for $8,575. Recreation requests permission to obtain a P.O. payable to
DeLeno Bros. for $8,575 for the above work and make the following budget
amendment: Transfer $8,575 from the A -Fund Balance to Recreation Account
A-7110.2.
COUNCILMAN RUGGIERO moved to award the Bid to DeLeno Bros.,
approve a P.O. to DeLeno Bros. for $8,575, for the above work, and the funds
to be transferred from A -Fund Balance to Recreation Account A-7110.2 as
requested by Mr. Holt.
Seconded by Mr. Valdati
Motion Unanimously Carried
Mr. Holt informed the board that he has received information for the 2000
program year application for the Community Development Block Grant
program and would like to apply for handicap improvements for rest rooms at
Martz Field. The Martz Field building was originally built in 1967 and is not
handicapped accessible. The maximum grant award for handicapped
accessibility remains at $25K for the year 2000. The grant application must
be completed by September 24th, and prior to that we must set a Public
Hearing.
COUNCILMAN RUGGIERO moved to apply for the CD Block Grant program
for handicap accessible rest rooms for Martz Field.
Seconded by Mr. Valdati
Motion Unanimously Carried
Supervisor Smith set the Public Hearing for September 13, 1999 at 7:00 p.m.
Next is a request for several P.O.'s from Mr. Holt.
The first is a request for a P.O. payable to DiPiet Fence Company for $1,200,
to fix the canopy and backstop on field #6 at Robinson Lane.
IR]
1
0
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08/23/99.RGM
COUNCILMAN RUGGIERO moved to approve a P.O. for $1,200 payable to
DiPiet Fence Company to repair the canopy and backstop on Field #6 at
Robinson Lane.
Seconded by Mr. Valdati
Motion Unanimously Carried
The last is a request for a P.O. payable to DiPiet Fence Company for $1,375
to repair and replace fencing on the backstop and wings at Martz Field and
haul away old fencing.
COUNCILMAN RUGGIERO moved to approve a P.O. in the amount of
$1,375, payable to DiPiet Fence Company, to repair and replace fencing on
the backstop and wings at Martz Field and to haul away the old fencing.
Seconded by Mr. Valdati
Motion Unanimously Carried
Several memos were received from Comptroller, Gerald Terwilliger.
The first memo concerns proposals received for local and long distance
telephone service. Mr. Terwilliger received proposals from CTC
Communications and Fair Point Communications. Both companies are Bell
Atlantic re -sellers, FCC certified long distance carriers, and will provide
consolidated billing for all our telephone lines, which will save the Town time
in the processing of payment. We currently receive fifteen separate bills from
Bell Atlantic per month. Based on savings presented in the proposals, Mr.
Terwilliger recommends Fair Point Communications be considered our
telephone service provider, saving the Town approximately $3,271 per year.
COUNCILMAN VALDATI moved to authorize the Comptroller to contact
Fair Point Communications, and switch the Town's telephone service over to
them.
Seconded by Mr. Bettina
Roll Call Vote
Constance Smith, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Joseph Ruggiero, Councilman
Joseph Paoloni, Councilman
Vote
Aye
Aye
Aye
Abstain
Aye
Motion Carried
The second memo concerns the Justice Court Copier. Mr. Terwilliger
explained that the Justice Court Copier cannot handle the current workload,
and has required frequent servicing. Becker Business Systems has proposed
to the Town, under State pricing quote, a Minolta EP 2030 System. The
purchase price is $4,017, lease for $107 per month, including buy out of
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08/23/99.RGM
current copier. The lease option included all service and supplies, (except
copy paper) for the length of the contract and 36,000 copies per year. Mr.
Terwilliger recommends the Town Board lease the Minolta copier from
Becker Business System at $177 per month. He suggests the current copier
in the Justice Court be utilized at the Senior Center at Schlathaus Park.
COUNCILMAN VALDATI moved to authorize the lease of the Minolta
Copier from Becker Business System as recommended by Mr. Terwilliger.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Next is the Action Plan for the Wappinger Greenway Trail. Mrs. Smith
wished to compliment Joe Ennesser on the fine job he is doing, since the
death of Hank DiMarco.
COUNCILMAN PAOLONI moved to accept the report and place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Next are several Reports from Jay Paggi, Engineer to the Town.
The first report concerns the Kent Road Sidewalks. Supervisor Smith
announced that this item was tabled to a Workshop at the last meeting.
NO ACTION TAKEN.
Next is the Report on the Domber Well/Rockingham Water System. An initial
meeting was held with the Engineers for the above projects, Lawrence Paggi,
P.E. and William Povall, III, P.E., to determine the framework of what would
be necessary to tie in the well and discuss its potential. In summary if that
well was placed on line it could serve the proposed Meadowood Subdivision
and the proposed Shamrock Subdivision, however, nothing else.
COUNCILMAN BETTINA moved to accept the report and place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The next report is an analysis of Benefit Unit Calculations for the
Wappinger Sewer Improvements #1.
COUNCILMAN BETTINA moved to accept report and place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The next report concerns the Kent Road STOP sign. Mr. Paggi enclosed a
copy of a chart prepared by his office and transmitted to the then Town
Board, December 22nd, 1988 of which the sight distances at various
intersections was determined. At that time, Lake Oniad Drive South and
Lake Oniad Drive West intersections, were recommended for placement of
STOP sign in the southerly direction only, not in the westerly direction. This
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had to do obviously with the amount of sight distance available, and he does
not believe it has changed. Discussion followed.
COUNCILMAN RUGGIERO moved to authorize Engineer to the Town
Attorney to the Town, and Highway Superintendent to pursue feasibility of
obtaining a site easement.
Seconded by Mr. Bettina
Motion Unanimously Carried
COUNCILMAN RUGGIERO moved to authorize Supervisor Smith send a
letter to Assemblyman Miller that his recommendation is a poor location for
a STOP sign.
Seconded by Mr. Paoloni
Motion Unanimously Carried
The next report concerns the meeting Mr. Paggi attended on August 16,
1999 with Jim Duncan of S.B. Church Company, Dare Fitzpatrick, and Mike
Tremper of CAMO Pollution Control, at the Atlas Well site to discuss the
Atlas Wells.
COUNCILMAN VALDATI moved to accept the report and place it on file.
Seconded by Mr. Bettina
Motion Unanimously Carried
The last report concerns the Proposed Water Connection Joint City/Town
Water Distribution System.
COUNCILMAN VALDATI moved to table this report to a workshop.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Next is the a review from the Zoning Board of Appeals for Alpine of
Poughkeepsie, which has been referred to the Town Board for comments and
recommendations. Mr. Roberts, Attorney to the Town explained, that we had
a conditional rezoning, and all of the conditions, to date, have not been
complied with. SUPERVISOR SMITH informed the Board that she received
a phone call from Mr. Kellogg, and he said he was in the process of signing to
sell this property. He claims there was a mistake on the description. Mr.
Roberts said that Alpine would not be able to develop under the rezoning
until they meet all the conditions. He was verbally advised today by John
Adams that they were about to deliver the Metes and Bounds description for
the Sewer & Water easements. The specific issue, is, Alpine has made an
application to the Planning Board to subdivide approximately ten acres out of
the existing Shopping Center. The subdivided piece would be between the
existing Shopping Center and the properties that were recently rezoned by
the board in January. It would in effect, create a third piece. The Zoning
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Board, during the public comment period of the application to them, was
discussing a number of issues. It came out, that under the Town zoning
regulations, that they have the right to request any input from the Town
Board. So the applicant then suggested getting input from the town board for
this application. That is separate and apart from the rezoning which is on
the north side of Old Hopewell Road, but to the south of the existing
Shopping Center. Mrs. Smith's comments have to do with the "No Build"
area on the existing center. There was a Declaration of Covenants and
Restrictions that prohibited any building in a certain area. The attorney for
Alpine in Syracuse felt that the document that was previously recorded was
somewhat unclear. Mr. Roberts disagreed with him, but if he needed further
clarification for his financing with his lender, Mr. Roberts agreed to co-
operate. COUNCILMAN RUGGIERO said he had attended a meeting of the
Planning Board, and they had voted unanimously to reject approving the
subdivision, because they felt the town had been bamboozled by Mr. Kellogg
coming here seeking to rezone 18 acres of residential property, by making
many promises which were not kept, based on getting a building permit for
the new piece. No sooner had he signed off on the rezone with the town, he
received a bid to purchase Alpine Shopping Center. We had heard these
rumors during the rezone, and when we asked Mr. Kellogg in January, what
tenants would be coming into Alpine Phase 2, he said he could not disclose
that information to the board at that time. This seems to have been his plan
all along, he wanted the rezoning in order to make Alpine more saleable.
Unfortunately several residents along Old Hopewell Road are now paying
commercial taxes and they may never see that property developed as
promised. Discussion followed.
COUNCILMAN BETTINA moved to authorize the Attorney to the Town, Al
Roberts, to prepare a Local Law to rescind the "conditional" rezone for
Alpine.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
COUNCILMAN RUGGIERO moved that the Zoning Board of Appeals not
grant a variance to the Alpine Commons Subdivision.
Seconded by Mr. Valdati
Motion Unanimously Carried
Next are Vacancies for a Zoning Administrator, Planning Board member,
Conservation Advisory members, and Recreation Commission Member.
SUPERVISOR SMITH explained that we had interviews set for the Zoning
Administrator applicants earlier, but they could not make it, so we are going
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08/23/99.RGM
to reschedule. NO ACTION TAKEN
First is the is the vacancy of the Planning Board.
The following Resolution was offered by COUNCILMAN PAOLONI who
moved its adoption:
RESOLVED, that Guy Gagne be and he hereby is appointed to fill the
vacancy on the Town Planning Board which has occurred by reason of the
resignation of Michael Franzese.
IT IS FURTHER RESOLVED, that the said Guy Gagne be and he hereby
is appointed to fill such vacancy for the remainder of the term which shall
expire on the 7th day of January, 2000.
Seconded by Mr. Ruggiero
Roll Call Vote
Vote
Supervisor Smith
Nay
Councilman Valdati
Aye
Councilman Bettina
Aye
Councilman Ruggiero
Aye
Councilman Paoloni
Aye
Motion Carried
Next are the vacancies on the Conservation Advisory Council. SUPERVISOR
SMITH announced that she has not received all the papers yet. NO ACTION
TAKEN.
The last vacancy is for the Recreation Commission.
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption:
RESOLVED, that James Chappas be and he hereby is appointed to fill
the vacancy on the Recreation Committee of the Town of Wappinger, which
has occurred by reason of expiration of his term of office, and
IT IS FURTHER RESOLVED, that said James Chappas is hereby
appointed as a member of the Recreations Committee for a term which shall
expire on the 1St day of May, 2004.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
SUPERVISOR SMITH announced that the County Tax auction is coming up
and the Lauffer Property will be available. Its 51.9 acres, all wet lands. We
have easements on it and the approximate cost is $43K. The auction will be
held on October 12th, so a Resolution is needed as soon as possible if we wish
to purchase it. Discussion followed. Mr. Paggi explained that this property
is a low point of a major drainage basin for the town that has experienced
flooding problems in the past. We have alleviated some of those problems but
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08/23/99.RGM
have not eliminated them. This property could be utilized for flood retention
purposes and also remaining as open space.
COUNCILMAN VALDATI moved to authorize the Attorney to the Town, Al
Roberts, to prepare a formal resolution to purchase the Lauffer property.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Mark Liebermann, Fire Inspector, and Paul Foody, Building Inspector
request permission to attend the Propane Gas Training School to be held on
September 8, 1999.
COUNCILMAN VALDATI moved to authorize Mark Liebermann and Paul
Foody to attend the Propane Gas Training School on September 8, 1999, and
their legitimate expenses to be a town charge.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Correspondence from John E. MacDonald, Jr. Regarding his overpayment for
his sewer assessment for the past nine years. His sewer assessments were
corrected, and he thanks the members. However, he is now requesting the
return of his overpayment of the last nine years. He feels he is entitled to the
same treatment which the town accorded to a large out of town corporation.
SUPERVISOR SMITH informed the board that she has researched this
matter, and yes, we did correct his sewer assessment, and he is referring to
Cranberry, but there is a difference between Cranberry and Mr. MacDonald,
Cranberry filed a grievance, and Mr. MacDonald did not, therefor it is illegal
to return the overpayment.
COUNCILMAN RUGGIERO moved to authorize Supervisor Smith, send a
letter to Mr. MacDonald that he is not entitled to return of the overcharge.
Seconded by Mr. Valdati
Motion Unanimously Carried
Next is to ascertain responsibility for remaining portion of Fleetwood Drive
for paving in front of the last vacant lot. Mr. Foster explained, that there is
no question as to ownership, and the woman that owns it wishes to build a
home on it, and there is no blacktop in front of it. There appears to be road
frontage, but when Fleetwood Drive was paved, this was a lot from the
original subdivision on the benefit assessment rolls and it is a bona fide lot
from the original Fleetwood subdivision filed map, but it has always been
vacant. The road was never paved all the way down. It should first be
determined if it is a town road, and if it is a town road, he recommends the
town pave all the way down to the sewer plant.
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COUNCILMAN VALDATI moved to authorize Attorney to the Town perform
a Title Search to determine ownership; if property owned by Town, authorize
Engineer to Town to lay out property and authorize paving down to the sewer
plant.
Seconded by Mr. Bettina
Motion Unanimously Carried
COMMITTEE REPORTS
COUNCILMAN PAOLONI re PIQWON. Sometime last November the
residents of the Sherwood Height area came to the board with a petition
about the improper operation of PIQWON. Since that time the Planning
Board has made their recommendations, and he has not seen it on the
Agenda as of yet. Discussion followed
COUNCILMAN VALDATI moved to decline the Special Use permit to allow
heavy equipment on PIQWON site.
Seconded by Mr. Paoloni
Motion Unanimously Carried
At this time Mr. Roberts Attorney to the Town explained to the Board the
process of denial. First we must notify PIQWON that the application has
been denied and the Planner has been instructed to prepare the appropriate
formal resolutions. Secondly we would like them to commence relocation and
we would like a plan from them within the next 30 days to be completed in no
more than 60 days. If they do not come up with a plan, then he can start the
litigation.
COUNCILMAN VALDATI moved to authorize Town Planner, Dan Wery to
prepare a detailed resolution of denial for PIQWON.
Seconded by Mr. Paoloni
Motion Unanimously Carried
COUNCILMAN PAOLONI wished to know the status on MVK also.
Supervisor Smith explained that we had not made any decision as of yet. Mr.
Valdati said he does not like projects such as these, amending Town Law
when the law has been violated in the first place.
COUNCILMAN VALDATI moved to send a memo to the Planning Board
asking that the Planning Board develop a Site Plan in accordance with the
existing interpretation and opinions that are on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
COUNCILMAN RUGGIERO informed the Board that the Codification
Committee has completed its review of the Town Codes, and it is the
Committees recommendation that the Board adopt the Codes.
api
08/23/99.RGM
COUNCILMAN VALDAT had no reports at this time.
COUNCILMAN BETTINA on Chelsea water alternative. Wished to look at
other means of providing them with water.
BONDS AND LETTERS OF CREDIT
A report was submitted from the Zoning Administrators office for the month
of July on the schedule of Bonds and Letters of Credit on various
subdivisions, the amounts, expiration dates and call up dates.
COUNCILMAN RUGGIERO moved to accept the report and place it on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
RESOLUTIONS
First is to introduce the Local Law for adoption of Codification of Town Laws
and set a Public Hearing.
The following resolution was moved by Councilman Ruggiero and seconded
by Councilman Bettina.
WHEREAS, the Town Board of the Town of Wappinger has entered into a
project for codification of local laws, ordinances and certain resolutions of the
Town of Wappinger for the purposes of increasing the effectiveness of town
governmental administration, providing for greater public awareness of and
access to town legislation and protecting the health, safety and welfare of
town inhabitants; and
WHEREAS, the proposed codification has been published in loose-leaf form
and the Town Board now desires to formally effect the adoption of said
codification by enactment of a local law; and
WHEREAS, Town Board has determined to make two minor revisions to the
Town Zoning Law simultaneously with the adoption of the codification; and
WHEREAS, the Town Board has determined that the Proposed Act (i.e., the
codification of the local laws, ordinances and certain resolutions of the Town
of Wappinger into a municipal code, including the two minor revisions to the
Zoning Law) is a Type II action as defined in 6 NYCRR 617.5 and accordingly
the Town Board hereby expressly determines that this action is not an action
that requires review pursuant to the provisions of the New York State
Environmental Quality Review Act (SEQRA) or pursuant to Local Law #6 of
1992 or pursuant to 6 NYCRR part 617.
NOW THEREFOR, BE IT RESOLVED AS FOLLOWS:
1. The Town Board of the Town of Wappinger hereby introduces for
consideration of its adoption proposed Local Law #_ of 1999 in the form
annexed hereto. The Town Board has reviewed the Proposed Action and
hereby determines that the Proposed Action, that is, the introduction of
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08/23/99.RGM
the aforementioned Local Law, is a Type II action as defined in 6 NYCRR
617.5, and, accordingly, the Town Board hereby expressly determines that
this action is not an action that requires review pursuant to the provisions
of the New York State Environmental Quality Review Act (SEQRA) or
pursuant to Local Law #6 of 1992, or pursuant to 6 NYCRR Part 617.
2. The Town Board hereby schedules a public hearing regarding the
adoption of the annexed proposed Local Law #_ of 1999 for 7:10 p.m. on
the 13th day of September, 1999 in the Town Hall, Town of Wappinger,
New York. The proposed Local Law to be considered is a follows:
A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE
LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE
TOWN OF WAPPINGER INTO A MUNICIPAL CODE TO BE
DESIGNATED THE "CODE OF THE TOWN OF WAPPINGER"
Copies of the text of the above named Local Law shall be filed in the Office
of the Town Clerk.
AND BE IT FURTHER RESOLVED that the Town Clerk is hereby directed
to publish notice thereof in the Town's official newspapers not less than ten
days prior to said public hearing date.
3. The Town Board hereby direst the Town Clerk to act as follows with
respect to the proposed Local Law:
a. To serve a copy of this Resolution, the annexed proposed Local Law, and
the Public Hearing Notice to the municipal clerk of each abutting
municipality not less than ten days prior to said Public Hearing;
b. To serve a copy of this Resolution, the annexed proposed Local Law, and
the Public Hearing Notice to the Dutchess County Planning Department
for advisory review in accordance with 239(m) of the General Municipal
Law; and
c. To distribute a copy of this Resolution, the annexed proposed Local Law,
and the Public Hearing Notice to the Town of Wappinger Planning Board
for its review and recommendation pursuant to present Section 600.2 of
the Zoning Law prior to said public hearing.
The question of adoption of the foregoing resolution was duly put to a roll call
vote, which resulted as follows:
Constance Smith, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Joseph Ruggiero, Councilman
Joseph Paoloni, Councilman
Resolution is hereby duly declared adopted.
27
voting
aye
voting
aye
voting
aye
voting
aye
voting
aye
08/23/99.RGM
Next is a request from Gerald Terwilliger, Comptroller for the following
Budget Amendments.
The first Budget Amendment is necessary to pay for emergency repairs at the
Rockingham and Hilltop Water Storage Tanks.
Increase 8310.40 SW Water Administration/Cont. $36,000.00
Increase 599 SW Appropriated Fund Balance 36,000.00
The second Budget Amendment is necessary in order to account for the Grant
of $4,832.00 to Justice Court for Records Management:
Increase Revenue 3060A Records Management Justice Court $4,832.00
Increase Expenditure 1110.101 Justice Court/P.S. 4,500.00
Increase Expenditure 1110.401 Justice Court/C/E. 332.00
The last Budget Amendments are necessary in order to implement Town
Board requests of August 9, 1999.
1. Increase 7550.4A Celebrations/C.E.
Increase 599A App. Fund Balance
To Increase funds for 25th Anniversary of Community Day
2. Increase 1430.4 Personnel/C.E.
Increase 599A App. Fund Balance
To increase funds for payroll study
COUNCILMAN VALDATI moved to authorize the above Budget
Amendments as requested by Mr. Terwilliger, Comptroller.
Seconded by Mr. Bettina
$7,000.00
7,000.00
$2,000.00
2,000.00
Motion Unanimously Carried
At this time, it is necessary to renew the Agreement between the Town and
the County for the rental of equipment for the control of Snow and Ice on
County Roads for the 1999-2000 season and authorize the Town Clerk to
sign.
The following Resolution was offered by COUNCILMAN VALDATI, who
moved its adoption, and authorized the Town Clerk to sign.
WHEREAS, the Town Superintendent of Highways has been requested by
the County of Dutchess to participate in the regional County Highway Snow
and Ice Control Program within the boundaries of the Town, and
WHEREAS, and logically, an earlier of sooner response factor can be
provided by Town units and personnel within the locale thereby benefiting
the overall safety and welfare of town residents and local community
interest, and
WHEREAS, such participation by the Town in removing snow from
designated County Highways, and by sanding and salting or otherwise
treating them for the purpose of maintaining highway safety and
08/23/99.RGM
accessibility for emergency services, is specifically authorized by Article 6,
Section 135 of the New York State Highway Law, now, therefore, be it
RESOLVED, that the Town Highway Superintendent be and is herein
authorized to perform such work as its found necessary at hourly rates as
agreed upon by the Town and the County for the renting and hiring of such
equipment for the Winter season 1999-2000.
Seconded by Mr. Bettina
Motion Unanimously Carried
Next is Mediaone transfer application to AT&T Resolution and set a Public
Hearing.
COUNCILMAN VALDATI moved to adopt the application transfer of control
from Mediaone Cable Television Franchise, to AT&T.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Supervisor Smith wished to set the Public Hearing for September 13, 1999 at
7:25 p.m.
COUNCILMAN RUGGIERO moved to set the Public Hearing for September
13, 1999 at 7:25 p.m.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Next is to introduce the revision of the Local Law in connection with the
FEMA amendments and to set a Public Hearing.
The following resolution was moved by COUNCILMAN RUGGIERO and
seconded by Mr. Valdati.
WHEREAS, the flood insurance rate map establishing 100 year base flood
elevations for the Town of Wappinger has recently been completed by the
Federal Emergency Management Agency; and
WHEREAS, THE Town Board has recently received a recommendation from
the New York State Department of Environmental Conservation to amend
Local Law #6 of the Year 1995 to correctly reference the revised Flood
Insurance Rate Map; and
WHEREAS, the aforesaid Amendment of Local Law #6 of the Year 1995 is
required for the Town of Wappingers continued eligibility in the National
Flood Insurance Program; and
WHEREAS, the Town Board has determined that it is in the best interest of
the public health, welfare and safety of the people of the Town of Wappinger
to adopt such a Local Law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
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08/23/99.RGM
1. The Town Board hereby introduces for adoption proposed Local Law #_
of the Year 1999, Amending Local Law #6 of the Year 1995, a Local Law
enacting regulations on flood damage prevention.
2. The Town Board hereby determines that he proposed action, that is the
introduction of the aforementioned Local Law, is a Type 11 action as
defined in Part 6 NYCRR, Part 617.5, and accordingly, the Town Board
hereby determines that his action is not an action that requires review
pursuant to the provisions of the New York State Environmental Quality
Review Act (SEQRA) or pursuant to Local Law #6 of 1992, or pursuant to
6 NYCRR, Part 617.
3. The Town Board hereby schedule a Public Hearing at the Town Hall
regarding the adoption of the annexed proposed Local Law for 7:30 on the
13th day of September, 1999 and the Town Clerk is directed to publish
Notice thereof in the Town's official Newspaper not less than ten days
prior to the said Public Hearing date.
The question of adoption of the foregoing Resolution was duly put to a vote on
roll call which resulted as follows:
Constance Smith, Supervisor
Voting
Aye
Robert Valdati, Councilman
Voting
Aye
Joseph Ruggiero, Councilman
Voting
Aye
Vincent Bettina, Councilman
Voting
Aye
Joseph Paoloni, Councilman
Voting
Aye
Resolution is hereby duly declared adopted.
Next is the appointment to permanent Civil Service positions of DATA
ENTRY OPERATOR I, Claire Minunni, and Nancy Laffin.
The following Resolution was offered by COUNCILMAN PAOLONI who
moved its adoption and seconded by Mr. Bettina
RESOLVED, that Claire Minunni and Nancy Laffin be and they hereby are
appointed to the permanent Civil Service Position of DATA ENTRY
OPERATOR I for the Town of Wappinger.
Seconded by Mr. Bettina
Motion Unanimously Carried
Next is to introduce the Local Law for "No Parking" at Myers Corners and
DeGarmo Hills Road.
COUNCILMAN PAOLONI moved to table at this time.
Seconded by Mr. Ruggiero
UNFINISHED BUSINESS
30
Motion Unanimously Carried
08/23/99.RGM
SUPERVISOR SMITH informed the board that Paul Endress of Recreation
has requested a leave of absence from August 23rd, due to a medical
emergency. His wife is very in.
COUNCILMAN RUGGIERO moved to grant Mr. Endress a medical leave as
requested.
Seconded by Mr. Paoloni
Motion Unanimously Carried
NEW BUSINESS
Correspondence from Emanuel Saris Tax Attorney for the Town of
Wappinger. Mr. Saris received a letter from Attorney Jon Adams with a
request to meet with him before responding to his clients Article 78
proceedings (Mobil Home Tax Assessment).
COUNCILMAN VALDATI moved to authorize Tax Attorney Emanuel Saris
to meet with Attorney Jon Adams before responding to his clients Article 78
proceedings.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
A Memorandum from Mark Liebermann, Acting Zoning Administrator
regarding Gargano Auto Repair Escrow Account. The escrow account for the
site plan of Alphonse Gargano is in arrears in the amount of $1,273.75. He
has been sent statement on nine separate occasions, and has failed to pay. In
his conversation with Mr. Gargano, he stated that he will not pay another
cent on this escrow account. Mr. Liebermann would like some direction from
the board on this matter. Mr. Roberts, Attorney to the Town felt that this
was a matter that the board may wish to discuss in Executive Session.
At this time 9:25 p.m. COUNCILMAN BETTINA moved to go into Executive
Session to discuss escrow accounts, seconded by Mr. Bettina and
unanimously carried.
The meeting reconvened at 10:10 p.m. with all board members present.
There was no action taken at the Executive Session.
COUNCILMAN BETTINA moved to close the meeting, seconded by Mr.
Ruggiero and unanimously carried.
The meeting closed at 10:10 p.m.
?�i2H. Snowden
Town Clerk